Mr. Udall of Colorado
introduced the following bill; which was read twice and referred to the
Committee on Armed
Services

A BILL

To amend the National Defense Authorization Act for
Fiscal Year 2012 to provide for the trial of covered persons detained in the
United States pursuant to the Authorization for Use of Military Force and to
repeal the requirement for military custody.

1.

Short title

This Act may be cited as the
Due Process and Military Detention
Amendments Act of 2012.

2.

Disposition of covered
persons detained in the United States pursuant to the Authorization for Use of
Military Force

Section 1021 of
the National Defense Authorization Act for Fiscal Year 2012 is amended—

(1)

in subsection (c),
by striking The disposition and inserting Except as
provided in subsection (g), the disposition; and

(2)

by adding at the
end the following new subsection:

(g)

Disposition of
covered persons detained in the United States

In the case of a covered person who is
detained in the United States pursuant to the Authorization for Use of Military
Force, disposition under the law of war shall only mean the transfer of the
person for trial and proceedings by a court established under Article III of
the Constitution of the United States or by an appropriate State court. Such
trial and proceedings shall have all the due process as provided for under the
Constitution of the United
States.

.

3.

Repeal of
requirement for military custody

(a)

Repeal

Section 1022 of the National Defense
Authorization Act for Fiscal Year 2012 is hereby repealed.

(b)

Conforming
amendment

Section 1029(b) of such Act is amended by striking
applies to and all that follows through any other
person and inserting applies to any person.